Williams v. Commissioner of Correction
2013 WL 1963938
Conn. App. Ct.2013Background
- Williams appeals habeas denial of amended petition; claims trial counsel ineffective for not pursuing identity defense.
- Facts sourced from direct appeal: August 19, 2002 car wash shooting; victim and cousin Monts present; petitioner and two others loitered in car wash; gunfire ensues; victim and Moore injured; Moore dies.
- Car registered to petitioner; car located at Hartford residence; petitioner later arrested on interstate highway; conviction at trial for conspiracy to commit assault, assault, and attempt to commit murder.
- Direct appeal affirmed conviction; Supreme Court denied certification to appeal in 2006; amended habeas petition filed January 13, 2011 alleging ineffective assistance for identity defense.
- Habeas court found Chong deliberately chose not to pursue identity defense; closing argument referenced identity as alternate theory; standard Strickland review applied.
- Court dismissed appeal, holding no abuse of discretion in denying certification and no deficient performance by Chong under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of certification to appeal was an abuse of discretion. | Williams argues abuse of discretion. | Chong's defense strategy reasonable; denial proper. | No abuse; certification denial affirmed. |
| Whether counsel's failure to pursue an identity defense was deficient performance. | Chong should have pursued identity defense. | Strategic decision to focus on insufficient evidence of intent, not identity. | Not deficient; strategic decision within reasonable professional judgment. |
| Whether petitioner demonstrated prejudice from deficient performance. | Identity defense would have changed outcome. | No reasonable probability of different result given record. | Prejudice not shown; no ineffective assistance. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong test for ineffective assistance)
- Lopez v. Commissioner of Correction, 142 Conn. App. 53 (Conn. App. 2013) (identifying standard for ineffective assistance in CT)
- Griffin v. Commissioner of Correction, 137 Conn. App. 382 (Conn. App. 2012) (acknowledges varied reasonable defenses and strategy)
- Harrington v. Richter, 562 U.S. 86 (U.S. 2011) (the reasonableness standard for strategic decisions)
- Crawley v. Commissioner of Correction, 141 Conn. App. 660 (Conn. App. 2013) (abuse-of-discretion standard in habeas certification)
- Smith v. Commissioner of Correction, 141 Conn. App. 626 (Conn. App. 2013) (limits on arguments for ineffective assistance)
- Crawley v. Commissioner of Correction, 141 Conn. App. 660 (Conn. App. 2013) (review of underlying facts and deference to habeas findings)